- (1.) This appeal under clause X of the Letters Patent has been brought by the permission of the learned Single Judge against his judgment in a regular second appeal whereby he set aside the judgment and decree of the first appellate Court and dismissed the suit of the present plaintiff-appellant.
(2.) Bishan Singh appellant (now substituted by Rattan Singh) had originally brought the suit for specific performance in his capacity as the Manager and Mohtmim of the smadh shahidan singhan di situated in the area of village Dhur Kot Tahliwala. It was averred that Gurnam Singh respondent had agreed to sell the land measuring 1 Kanal 19 Marlas adjoining the smadh for consideration of Rs. 1267/- only. Accordingly, a sale-deed (Exhibit P.W.5 4/A) was duly got scribed on a stamp paper on July 25, 1966, whereby it was agreed that Rs. 1000/- would be paid in the presence of the Sub Registrar and the balance would be retained by the purchaser for payment to a previous mortgagee. The case laid, however, was that the vendor in conspiracy with defendant No. 1 had backed out from the agreement and refused to get the deed registered.
(3.) The stand of the plaintiff-appellant with regard to the institution which he claims to represent was that long ago some ancient weapons (Shastra) were alleged to have been recovered at the site where the smadh aforesaid was built which was now being visited and wordshipped by the residents and proprietors of the village where it was located.;